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To: Myrddin

If there was a law in effect when you worked at a restaurant, I searched for reasons why there is no current law requiring testing.

There are local laws requiring all school personnel and school workers to be TB tested.

The following excerpts are from a 44 page document I found on CDC. Check out the very last paragraph for the big reason they may have eliminated all mandatory TB testing for food handlers.

Tuberculosis Control Laws and Policies: A Handbook for Public Health and Legal Practitioners

As of October 1, 2009

“In California, for example, no person may be employed initially in connection with a park, playground, recreational center, recreational beach, or certain other occupations unless the person has a certificate from within the last two years showing that the individual does not have communicable TB.62”

“In very limited circumstances, public health officials may compel citizens to submit to nonconsensual screening. For example, California law appears to require TB screening for all prison employees who interact with inmates.63”

“15 In 2005, approximately 12.4% of TB patients who were tested for HIV tested positive. An additional 10.6% of patients had unknown HIV status.10 “

“In 2007, among TB patients whose HIV status was known, 11.3% of these individuals were infected with HIV (these data do not include related information from California which has a high incidence of TB compared to other states).10”

“Foreign-born persons living in the U.S. are also at significantly elevated risk for active TB compared to the total population.

In 2007, the TB disease rate among foreign-born persons in the U.S. was 9.7 times higher than among U.S.-born persons. 10 Immigration of individuals from countries with high incidence of TB to the U.S. affects TB incidence domestically.10

In 2007, persons born in Mexico, Philippines, Vietnam, and India accounted for over half of the U.S. TB cases among foreign-born persons.10”

“A. TB Screening

As with other areas of TB policy, TB screening programs require practitioners to develop programs that narrowly achieve public health goals without overly burdening personal liberties.

Mandatory TB screening programs have the potential to infringe on constitutional freedoms as a result of (1) unreasonable searches under the Fourth Amendment or (2) privacy invasions and discrimination under the Fifth, Ninth, and Fourteenth Amendments. Courts have acknowledged the public health importance of screening certain populations (e.g., institutionalized persons) and upheld these programs as constitutional exercises of state power.”

http://www.cdc.gov/tb/programs/TBlawPolicyHandbook.pdf


39 posted on 03/21/2012 10:08:07 PM PDT by bd476
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To: bd476

I worked at Farrell’s from Nov 72 to June 73. Enough to cover my senior class expenses (ring, annual, prom, senior dinner).


40 posted on 03/21/2012 10:38:25 PM PDT by Myrddin
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